Melissa Oellerich Butler

Troutman Pepper

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FERC Confirms NYTOs Federal Right of First Refusal to Build and Recover Cost of Upgrades to Existing Transmission Facilities

USA - April 23 2021 On April 15, 2021, FERC issued a declaratory order confirming that under FERC Order No. 1000, incumbent New York Transmission Owners (“NYTOs”) have a…

Adrienne L. Thompson.

FERC Revises Policy on Authorizing Pipelines to Commence Construction Pending Requests for Rehearing of Certificate Orders

USA - May 13 2021 On May 4, 2021, FERC issued Order No. 871-B, clarifying that the rule established in Order No. 871, which precludes FERC from authorizing natural gas…

Russell Kooistra, Sidney Villanueva.

House Introduces CLEAN Future Act - A Comprehensive Bill to Achieve A Net Zero Greenhouse Gas Economy by 2050

USA - March 12 2021 On March 2, 2021, members of the United States House of Representatives introduced H.R.1512, the Climate Leadership and Environmental Action for our…

Adrienne L. Thompson.

FERC to Allow Distributed Energy Resource Aggregations in Wholesale Electric Markets to Include Demand Response Resources

USA - March 24 2021 On March 18, 2021, FERC issued Order No. 2222-A, setting aside its finding in Order No. 2222 that demand response resource participation in…

Elizabeth J. McCormick.

Second Circuit Sides with FERC - States May Not Agree to Revise the Certification Request Date to Avoid Waiver of its Certification Authority Under Section 401 of the Clean Water Act

USA - April 7 2021 On March 23, 2021, the United States Court of Appeals for the Second Circuit (the “Second Circuit” or the “Court”) agreed with FERC’s determination…

Elizabeth J. McCormick.